Future of Environmental Law and Policy in Nigeria

Future of Environmental Law and Policy in Nigeria 

Olaore Raheemat Adebola  

Fountain University

 

  Environmental law in Nigeria has undergone substantial development over the years. The primary goal of environmental law is to safeguard the environment by establishing regulations that govern the use of natural resources and setting conditions for their exploitation. These laws address various issues, including pollution control, natural resource management, forest conservation, mineral extraction, the protection of wildlife, oil spillage, deforestation, aquatic life, etc.

This article aims to explore the future trajectory of environmental law and policy in Nigeria.

Nigeria's environmental laws have evolved, beginning with a public outcry in 1988 over the illegal dumping of toxic waste at the Koko port. However, it should be noted that environmental crimes in Nigeria date back even further, to 1915, when colonial authorities enacted the Water Works Act, making it a criminal offense to pollute the country's waterways. The illegal dumping of toxic waste at Koko port prompted the enactment of the Federal Environmental Protection Agency (FEPA) Decree in 1988. This established FEPA as the foundational institution for environmental management in the country. In 2007, the NESREA Act replaced the Federal Environmental Protection Act of 1988, becoming the primary statutory framework for environmental regulation in Nigeria.

The purpose of environmental laws and policies is to protect natural resources and public health by regulating human impact on the environment and ensuring sustainability for future generations. Other important aspects include pollution prevention, waste management, wildlife protection, sustainability, and so forth.

In light of these objectives, it is worth questioning why the current state of environmental law in Nigeria isn't more promising despite the evolution of these laws over the years.

Nigeria faces several environmental issues, such as land degradation, poor waste management, oil spillage, erosion, climate change, deforestation, and land, water, and air pollution, among others.

These are some of the environmental laws and policies in Nigeria, starting with the primary source of law in Nigeria:

The Constitution of the Federal Republic of Nigeria (1999)

- Section 20 of the 1999 Constitution of the Federal Republic of Nigeria states: "The states shall protect and improve the environment and safeguard the water, air, forest, and wildlife of Nigeria."

National Environmental Standards and Regulations Enforcement Agency (NESREA) Act

- The NESREA Act empowers the Agency to enforce all environmental laws, policies, regulations, guidelines, and standards in Nigeria. It also enforces international treaties.

Other environmental laws include:

- Environmental Impact Assessment Act

- The Land Use Act

- Hides and Skins Act

- Harmful Waste (Special Criminal Provisions) Act

- Hydrocarbon Oil Refineries Act

- Sea Fisheries Act

- Exclusive Economic Zone Act

- Oil Pipelines Act

- Quarantine Act

- Petroleum Products and Distribution (Management Board) Act

- Territorial Waters Act

- Nuclear Safety and Radiation Protection Act

- Water Resources Act

- Nigerian Mining Corporation Act

- Bees (Import and Control Management) Act

- Pest Control of Production (Special Powers) Act

- Animal Diseases (Control) Act

- The Endangered Species Act

- Federal National Park Act

- Niger-Delta Development Commission (NDDC) Act

- National Climate Change Policy for Nigeria 2021-2030

The future of environmental law and policy in Nigeria faces several challenges and obstacles, including:

i) Corruption:This is a major obstacle, including staff corruption, bribery, and fund allocation issues. Corruption hampers the effective enforcement of environmental laws, leading to widespread environmental degradation and the exploitation of natural resources.

ii) Bureaucracy:The complex and often inefficient bureaucratic processes in Nigeria can delay the implementation of environmental policies and laws, making it difficult to respond swiftly to environmental issues and enforce regulations.

iii) Lack of Public Participation and Enlightenment: Many environmental decisions are made without adequate input from the public, leading to policies that do not fully reflect the needs and concerns of affected communities, thereby reducing overall compliance and awareness.

iv) Institutional Framework:The fragmented and sometimes overlapping responsibilities of various government agencies involved in environmental management create confusion, inefficiencies, and weak enforcement of environmental laws.

v) Vandalism: Deliberate damage to environmental monitoring equipment, facilities, or infrastructure, often linked to social unrest or criminal activities, undermines efforts to monitor and enforce environmental standards.

vi) Oil or Petroleum Spillage: Frequent oil spills, especially in the Niger Delta region, cause severe environmental damage. The lack of stringent enforcement and remediation processes exacerbates the problem, leading to long-term ecological harm. The Oil Pipelines Act of 2004 and its regulations guide oil activities, but there are still frequent oil spills caused by vandals, militant organizations, illegal entities, or even legal entities without adequate equipment.

vii) Illegal Distribution by Illegal Bunkers or Unlawful Organizations:The illegal extraction and distribution of oil and other natural resources by unauthorized entities contribute to environmental degradation, loss of revenue, and challenges in enforcing environmental laws. The Petroleum Production and Distribution (Anti-Sabotage) Act prohibits obstruction or interference with the production and distribution of petroleum products, prescribing a punishment of not less than twenty-one years imprisonment. However, the effectiveness of this law is limited due to a lack of prosecution.

viii) Economic Pressure: Nigeria's dependence on oil and natural resources for economic growth puts significant pressure on the environment. There is often a conflict between economic development and environmental protection, with the latter frequently being compromised.

ix) Climate Change: The increasing impacts of climate change pose significant challenges to current environmental laws and policies, requiring adaptation and mitigation strategies that are not yet fully developed.

Despite these obstacles, it is crucial not to let Nigeria's environmental health, policies, and laws deteriorate further. Here are some opportunities for strengthening environmental laws and policies and ensuring better implementation:

a) Strict Implementation of Laws and Penalties for Violations: Section 7 of the Federal Environmental Protection Agency (FEPA) Act provides the authority to ensure compliance with environmental laws, both local and international, on environmental sanitation and pollution prevention and control through monitoring and regulatory measures. Such laws must be strictly enforced.

The Harmful Waste Act prohibits, without lawful authority, the carrying, dumping, or depositing of harmful waste in Nigeria's air, land, or waters. Section 6 provides for life imprisonment for offenders as well as the forfeiture of land or anything used to commit the offense. If these penalties are enforced effectively, they could serve as a strong deterrent against the violation of environmental laws.

b) Enhancing Enforcement: Strengthening the enforcement of environmental laws through increased funding and better training for regulatory agencies is essential.

c) Promoting Public Awareness and Participation: Engaging communities and the public through education campaigns, consultations, and transparent decision-making processes can lead to greater public support and compliance with environmental policies.

d) Improving Institutional Coordination: Clarifying the roles of various government agencies involved in environmental management can reduce overlap, improve efficiency, and ensure a more coherent approach to implementing and enforcing environmental laws and policies.

e) Collaborating with International Organizations and Donors:Accessing technical expertise and funding from international organizations and donors can help Nigeria develop and implement more robust environmental policies.

In conclusion, the future outlook for environmental law in Nigeria is cautiously optimistic. However, challenges such as corruption, poor enforcement of penalties, weak institutional frameworks, and the need for greater public participation must be addressed to ensure effective and sustainable environmental governance.